Upon the withdrawal of a notice of pendency of action pursuant to Section 405.50 or upon recordation of a certified copy of an order expunging a notice of pendency of action pursuant to this title, neither the notice nor any information derived from it, prior to the recording of a certified copy of the judgment or decree issued in the action, shall constitute actual or constructive notice of any of the matters contained, claimed, alleged, or contended therein, or of any of the matters related to the action, or create a duty of inquiry in any person thereafter dealing with the affected property.
Recording Notice of Certain ActionsEffect of Withdrawal Or Expungement of Notice
Section § 405.60
If a notice of a pending lawsuit (called a 'lis pendens') is withdrawn or officially removed from the records, that notice and any of the information from it no longer count as official notice about the lawsuit. This means that anyone dealing with the property mentioned in that notice is not automatically made aware of the legal issues and doesn’t have to investigate further because of that notice.
lis pendens withdrawal of notice property records
Section § 405.61
Once a notice of pending legal action (related to property) is withdrawn or removed, anyone who later buys or gains interest in the property without being directly involved in the lawsuit is not assumed to know about the legal action. This means the property can be freely sold or used in other transactions as if the notice never existed, ensuring smooth transfer of property ownership.
Upon the withdrawal of a notice of pendency of action pursuant to Section 405.50 or upon recordation of a certified copy of an order expunging a notice of pendency of action pursuant to this title, no person except a nonfictitious party to the action at the time of recording of the notice of withdrawal or order, who thereafter becomes, by conveyance recorded prior to the recording of a certified copy of the judgment or decree issued in the action, a purchaser, transferee, mortgagee, or other encumbrancer for a valuable consideration of any interest in the real property subject to the action, shall be deemed to have actual knowledge of the action or any of the
matters contained, claimed, or alleged therein, or of any of the matters related to the action, irrespective of whether that person possessed actual knowledge of the action or matter and irrespective of when or how the knowledge was obtained.
It is the intent of the Legislature that this section shall provide for the absolute and complete free transferability of real property after the expungement or withdrawal of a notice of pendency of action.
notice of pendency real property transfer expungement of notice
